Additional Article Notes Flashcards
How do you stay competitive in architectural marketplace?
Embrace video and study for drone operator’s license.
What are client’s looking for?
Interpreting design, storytellers, pre-planning.
How much does an archive appraisal cost?
Typically upwards of $10,000
What three major factors need to be considered to shepherd your digital photos to the next generation?
- The Security of your files
- The readability of your files (formats)
- preserving the metadata.
What’s the best method for ensuring photos are backed up ?
3-2-1 Method. 3 copies, store in 2 places, 1 of these locations off site.
What are revocable trusts?
Assets pass directly to beneficiaries without going through probate, which can be costly and lengthy.
What are irrevocable trusts?
Assets given in life, capital gains but no estate tax
What is the cut-off for estate tax?
If less than 5.43 million, no estate tax.
What are some ways to save time in portrait photography?
- Plan/research.
- Find out prop requirements/stylists
- Scout location in advance
- Take control, be clear and demanding.
- Build rapport, plan with subject/inform ahead of time if possible.
What are some examples of food photography
Menu items, “key art” headshots of chefs, photos of restaurant interior/exterior. Photos reflect atmosphere and attitude of restaurant.
IG important platform for restaurants.
Public relations firms for restaurants - budget higher than editorial lower than advertising.
What are some good social media tips?
- Treat as your own magazine
- Treat your audience as potential clients
- Consider your posts thoughtfully
- Don’t hide behind your digital self
- Be positive, provide info/education/content, personality.
What are 9 Crucial Photography Clauses to Include?
- Illness or incapacitation provision
- Force majeure provision – “acts of God” or events otherwise unforeseeable/unavoidable that prevent you from doing your job : large scale natural disasters, wars, pandemics . (not natural weather patterns or predictable diseases)
- Limited edits clause - clearly states how many edits are included in your photo package. You can limit edits to a set # of hours, a set # of images, or any other restriction you’d like. You can forego free edits altogether and state that all edits are priced at an hourly rate.
- Creative license clause - states that you are an artist with a distinctive style and that your photos cannot be rejected on the basis of aesthetics and taste alone.
- Dispute resolution clause - which states where a dispute must be brought – in the courts of your home state, for example, or before a neutral arbiter. To be thorough, it should also state time limits for bringing a dispute, whether attorneys’ fees must be paid by the losing party, and it will limit damages to the amounts paid in the contract.
- Non disparagement clause - which states that the client may not post or publish any disparaging or defamatory remarks about your services. You’d point to this if an unreasonable client took to the web to give you nasty reviews. Beware that non disparagement clauses are controversial – they stifle free speech and hinder the process of customer reviews, which helps consumers find the best providers - and many clients will not agree to one. Nevertheless, they are very useful as a protective measure, and it’s a good idea to include one if you can.
- Limited use clause - strictly prevents clients from passing on images to a venue. It protects you in case the venue decides to bypass you and ask your client for images instead. Your clients would be liable to you for breach of contract, and the venue liable for copyright infringement.
- Non satisfaction clause or aesthetic disclaimer - states that the customer is aware of the artist’s personal style and portfolio and waives any right to refuse payment on the basis of dissatisfaction with the end result. While powerful, the clause has its limits. If you advertise products of a certain level of quality, competence and craft but deliver products that are amateurish and sloppy, non satisfaction clause will not protect you from fraud claims.
- Revisions schedule provision - details what happens if the customer isn’t happy. It usually states that if the customer has specific complaints, the professional is allowed two to three chances to fix them. It is important to limit how many chances you get, or else the customer can keep you in a never-ending loop of revisions. After that, if your client still isn’t satisfied they can get a partial refund but still must compensate you for your time.
What types of licenses are there?
Licenses
- Exclusive
- Grants Licensee singular permission to use the photo.
- No other entity, including Licensor (unless otherwise stated), is allowed to use the image granted by the license.
- Non-exclusive
- Grants Licensee rights but also allows Licensor rights to grant licenses to other entities. - Royalty-free
- Licensee pays a one-time fee for unlimited use of the image. - Rights managed
- Allows Licensor to restrict use, Agreement specifically states how, when and where the Licensee can use the purchased image. - Creative commons
- Licensee may use your photo for free but must follow the conditions of the license that you select.
How does Photo Copyright Registration work?
- Both published and unpublished photos can be registered.
- Getting images registered takes 6-8 months.
- You can register a single photo or do a group registration (for up to 750 photos).
- Group registration must all be by same author, and all either published or unpublished.
- You can register at any time, but to preserve the protection of collecting attorney’s fees and statutory damages for infringements, you have to register either before the infringement occurs or within three months of publication. If you register within three months, you are covered back to the actual date of publication. If you don’t register within three months, you are only covered after your actual registration date. - Unregistered
- You still own rights to the photo, but you can only get actual damages if you get into a litigation situation, not statutory damages (see below).
What types of damages are there?
Damages
- Actual Damages
- Fair market value of the work
- Generally, normal license fees and/or standard licensing fees plus profits derived from the infringement. - Statutory Damages
- Court can award damages of up to $150,000 per infringement (Usually between $750 to $30k, more if willful infringement proven.)
- Court can award reasonable attorney fees.
